Terms of Use

Terms of Use

Last Revised: October 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"), AS SUCH MAY BE REVISED BY PALM & PLUM FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER" OR "YOU") AND PALM & PLUM GOVERNING THE USE OF THE WEBSITE. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER. PALM & PLUM RESERVES THE RIGHT TO REFUSE OR DENY SERVICE TO ANY INDIVIDUAL OR GROUP, AT ITS SOLE DISCRETION, FOR ANY REASON, AT ANY TIME, WITHOUT PRIOR NOTICE OR EXPLANATION.

These Terms apply to your access to, and use of, all or part of any website, web application, or mobile application of Palm & Plum, including any site, mobile application, web application, or online service where these Terms are posted (collectively, the "Sites"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Palm & Plum for products, services or otherwise.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site. While we make reasonable efforts to provide accurate and timely information about Palm & Plum on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Palm & Plum.

You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.

ELIGIBILITY

The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. A USER MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES.

In order to participate in certain areas or use certain functions of our Sites, you may need to register for an account. You agree to:

• (a) create only one account
• (b) provide accurate, truthful, current and complete information when creating your account
• (c) maintain and promptly update your account information
• (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer
• (e) promptly notify Palm & Plum if you discover or otherwise suspect any security breaches relating to the Sites
• (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access

PRIVACY

Please read the Privacy Policy carefully to understand how Palm & Plum collects, uses and discloses personally identifiable information from its users. By accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

GIFT CARD PROGRAM

Palm & Plum may allow you to purchase Palm & Plum stored value cards ("Gift Cards") through the Sites. Please refer to the Palm & Plum Gift Card Terms & Conditions for more information about the terms, conditions and policies that apply to your purchase and use of Palm & Plum Gift Cards.

ONLINE AND MOBILE FEATURES

Some Users may be able to elect to participate in certain functionality on the Sites, which will allow the User to pay for, order, or access a platform to order delivery of Palm & Plum products. These include:

• Mobile Payment: Allows Users to purchase Palm & Plum products directly via the Sites using a Gift Card, credit card, debit card or mobile wallet. Please note that some payment services may charge a nominal fee for the purchase.
• Online Order and Pay: Allows Users to use the Sites to order and pay for certain Palm & Plum products prior to arrival at the restaurant or for pickup.
• Delivery Services: Allows Users to access via the Sites a platform for ordering delivery of Palm & Plum products to the User's location. This feature may be enabled via online third-party platform(s) which connect Users with Palm & Plum and the platform's third-party delivery contractors. All deliveries will be made by such contractors, and neither Palm & Plum nor its employees will provide delivery themselves. Users may be subject to third party terms. Palm & Plum has no liability or responsibility for the acts or omissions of any third-party platform or delivery contractor, including with respect to food and product handling. The third-party platform shall handle all fees and payments with respect to any delivery order, and prices for Palm & Plum products ordered through delivery services may differ from prices charged at our restaurant or for pickup orders.

With respect to all Online and Mobile Features, Palm & Plum reserves the right at any time to:

• (a) limit ordering options or the availability of certain products
• (b) discontinue any or all of these Online or Mobile Features
• (c) change the ordering options and limitations for items available through these features

Any delivery, pickup, or preparation times displayed via the Sites or third-party platforms are estimates and do not represent a commitment or guarantee.

Palm & Plum reserves the right to cancel any order placed through our website or other ordering platforms, at any time and at our sole discretion. This includes, but is not limited to, cancellation due to pricing errors, product availability, inaccuracies in item descriptions, or other unforeseen circumstances. In the event of cancellation, any payment already made will be refunded in accordance with our refund policies.

EMAIL COMMUNICATIONS AND MESSAGES

If a User signs up for any Palm & Plum account or marketing communication on the Sites, the User is, by default, opted in to receive promotional email communications from Palm & Plum ("Email Communications"). The User may, at the time of sign up, opt out of receiving Email Communications from Palm & Plum. Thereafter, the User may opt out of receiving Email Communications by adjusting the User's profile settings or using the Opt-Out link provided in all email communications, and/or by emailing optout@palmandplum.com.

By using the Sites, including any mobile or web application, in-app messages may automatically be displayed to the User, including promotional communications and offers. If the User does not wish to see or receive such messages, the User must cease use of the Site.

COPYRIGHT, TRADEMARKS, AND USER LICENSE

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Palm & Plum logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of Palm & Plum or its licensors or users and are protected by copyright laws.

Palm & Plum, the Palm & Plum logo, and other Palm & Plum trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of Palm & Plum (collectively "Palm & Plum Brand"). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The Palm & Plum Brand and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Palm & Plum or the applicable trademark holder.

The Sites and the Content are protected by copyright, trademark, patent, trade secret, and other proprietary rights and may have security components that protect digital information only as authorized by Palm & Plum or the owner of the Content. All rights not expressly granted are reserved.

Subject to these Terms, Palm & Plum grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent by contacting us at:

Palm & Plum
Email: dmca@palmandplum.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If Palm & Plum receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

In accordance with the DMCA and other applicable law, Palm & Plum has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Palm & Plum may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

ACCEPTABLE USE

User's use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Palm & Plum Gift Card, or GPS location ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality of the Sites.

In no event may the Sites be used in a manner that:

• (a) harasses, abuses, stalks, threatens, defames, disparages, discriminates against, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
• (b) is unlawful, fraudulent, or deceptive
• (c) provides sensitive personal information unless specifically requested by Palm & Plum
• (d) includes spam or any unsolicited advertising
• (e) uses technology or other means to access Palm & Plum or Content that is not authorized by Palm & Plum
• (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Palm & Plum or Content
• (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• (h) attempts to gain unauthorized access to Palm & Plum's computer network or user accounts
• (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability
• (j) violates these Terms
• (k) attempts to damage, disable, overburden, or impair Palm & Plum's servers or networks
• (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity
• (m) fails to comply with applicable third party terms

Palm & Plum reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites that Palm & Plum reasonably believes is or might be in violation of these Terms. Palm & Plum's failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Palm & Plum requests that Users not use the Sites (including that they not place orders through Online and Mobile Features) while operating a motor vehicle.

USER CONTENT

Palm & Plum does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Palm & Plum liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive and guest review areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by contacting us. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms.

Although Palm & Plum has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Palm & Plum reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Palm & Plum that you grant herein. Palm & Plum claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Palm & Plum and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Palm & Plum and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

SUBMISSION OF IDEAS

Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Palm & Plum, our Sites and our products (collectively, "Ideas"). The Ideas you submit are voluntary, non-confidential, gratuitous and noncommittal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.

You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Palm & Plum that you grant herein. By submitting your Idea, you grant Palm & Plum and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Palm & Plum and its agents and employees from any claims that such use violates any of your rights. We are and shall be under no obligation to maintain the Ideas in confidence. Palm & Plum shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.

LINKS TO SITES

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Palm & Plum or any of its partners in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

In addition, you may not use Palm & Plum's logos or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Palm & Plum trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Palm & Plum or any third party.

Palm & Plum makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of Palm & Plum and Palm & Plum is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless Palm & Plum, its independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("Palm & Plum Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys' fees) ("Claims") that arise from or relate to the User's use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Palm & Plum Indemnitee's sole negligence. Palm & Plum reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

WARRANTIES; DISCLAIMERS

PALM & PLUM IS PROVIDING THE SITES TO THE USER "AS IS" AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, PALM & PLUM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

NO LIABILITY

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS, IN NO EVENT SHALL PALM & PLUM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION PARTICIPATION IN ONLINE AND MOBILE FEATURES), OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM PALM & PLUM, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PALM & PLUM'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE SITES OR TO CEASE PARTICIPATION IN ONLINE AND MOBILE FEATURES. YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY CONTENT, SITES, PRODUCTS AND SERVICES

Palm & Plum may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in such services or information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Palm & Plum of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness.

You acknowledge and agree that Palm & Plum is not responsible or liable in any manner for any Third-Party Content or services provided by such third parties, and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content or services contained therein at your own risk.

When you use or visit other sites via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.

MODIFICATIONS TO THE SITES

Palm & Plum reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Palm & Plum will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Palm & Plum operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Sites shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before a single arbitrator. The arbitration shall be administered in accordance with the applicable arbitration rules. Judgment on the award may be entered in any court having jurisdiction.

CLASS ACTION WAIVER:

You and Palm & Plum agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Palm & Plum will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

JURY TRIAL WAIVER:

You and Palm & Plum waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury to the extent permitted by law.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Palm & Plum on the Sites, shall constitute the entire agreement between you and Palm & Plum concerning the Sites.

CONTACT US

If you have any questions about these Terms of Use, please contact us at:

Palm & Plum

These Terms of Use are effective as of the date listed above and may be updated from time to time. Your continued use of the Sites after any changes constitutes acceptance of the new Terms of Use.